s 


Virginia  Apprenticeship  Act 


Approved  April  1,  1938 


FEDERAL  COMMITTEE  ON  APPRENTICESHIP 
DEPARTMENT  OF  LABOR 

DIVISION  OF  LABOR  STANDARDS 


Digitized  by  the  Internet  Archive 

in  2012  with  funding  from 

University  of  Florida,  George  A.  Smathers  Libraries  with  support  from  LYRASIS  and  the  Sloan  Foundation 


http://www.archive.org/details/virginiaapprentiOOvirg 


INTRODUCTION 

The  Federal  Committee  on  Apprenticeship  has  received  numerous 
requests  for  information  and  advice  on  apprenticeship  legislation^ 
and  particularly  for  copies  of  the  recently  adopted  Virginia  Appren- 
ticeship Law.  It  was  decided,  therefore,  that  the  most  effective 
method  of  assisting  the  State  agencies  interested  in  such  legislation 
would  be  to  have  the  Virginia  measure  made  available  for  study. 
Since  the  law  contains  all  the  essential  standards  of  apprenticeship 
which,  in  conjunction  with  national  associations  of  employers  and  of 
labor,  the  Federal  Committee  recommends,  it  is  believed  that  its 
publication  will  be  of  practical  use  to  the  State  agencies  mentioned. 

It  will  be  noted  that  tne  Virginia  law  contains  no  provision  for  an 
appropriation.  This  matter,  of  course,  will  have  to  be  considered  by 
the  various  States  in  the  light  of  their  individual  circumstances. 

William  F.  Patterson,  Executive  Secretary, 

Federal  Committee  on  Apprenticeship. 

73035°— 38  3 


[The  following  act  was  adopted  by  the  General  Assembly  of  the  State  of  Virginia 
on  March  12,  1938,  and  was  signed  by  Governor  James  H.  Price  on  April  1, 
1938.] 

VOLUNTARY  APPRENTICESHIP  ACT 

An  Act  to  provide  for  a  system  of  voluntary  apprenticeship 
and  the  regulation  and  supervision  of  apprenticeship  agree- 
ments; to  create  an  apprenticeship  council  and  the  office  of 
secretary  of  the  said  council ;  to  define  the  powers  and  duties  of 
the  said  council;  and  to  repeal  all  acts  and  parts  of  acts  in 
conflict  with  this  act. 

Be  it  enacted  by  the  General  Assembly  of  Virginia  as  follows: 

Section  1.  The  Governor  shall  appoint  an  apprenticeship  council, 
composed  of  three  representatives  each  from  employer  and  employee 
organizations  respectively.  The  Commissioner  of  Labor  and  the 
State  supervisor  of  trade  and  industrial  education  shall  be  members, 
ex  officio,  of  the  council.  At  the  beginning  of  each  year  the  Governor 
shall  designate  one  member  to  serve  as  chairman.  The  terms  of 
office  of  the  members  of  the  apprenticeship  council  first  appointed  by 
the  Governor  shall  expire  as  designated  by  the  Governor  at  the  time 
of  making  the  appointment;  one  representative  each  of  employers,  and 
employees,  being  appointed  for  one  year,  one  representative  each  of 
employers,  and  employees,  being  appointed  for  two  years,  and  one 
representative  each  of  employers  and  employees  for  three  years. 
Thereafter,  each  member  shall  be  appointed  for  a  term  of  three  years. 
Any  member  appointed  to  fill  a  vacancy  occurring  prior  to  the  expira- 
tion of  the  term  of  his  predecessor  shall  be  appointed  for  the  remainder 
of  said  term. 

The  apprenticeship  council  shall  meet  at  the  call  of  the  chairman  of 
the  council  and  shall  formulate  policies  for  the  effective  administration 
of  this  act. 

The  apprenticeship  council  shall  establish  standards  for  apprentice 
agreements  which  shall  not  be  lower  than  those  prescribed  by  this  act, 
and  shall  perform  such  other  functions  as  may  be  necessary  to  carry 
out  the  intent  and  purposes  of  this  act.  Not  less  than  once  a  year  the 
apprenticeship  council  shall  make  a  report  of  its  activities  and  findings 
to  the  Legislature  and  to  the  public. 

Sec.  2.  The  Commissioner  of  Labor,  with  the  advice  and  guidance 
of  the  council,  shall  be  responsible  for  administering  the  provisions 
of  this  act. 

Sec.  3.  The  council,  in  cooperation  with  the  local  and  State  joint 
apprenticeship  committees,  is  authorized  to  determine  standards  for 
apprentice  agreements,  which  standard  shall  not  be  lower  than  those 
prescribed  by  this  act;  to  appoint  the  secretary  of  the  apprenticeship 
council  to  act  as  secretary  of  each  State  joint  apprenticeship  commit- 
tee ;  to  approve,  if  in  their  opinion  approval  is  for  the  best  interest  of 


D  VIRGINIA   APPRENTICESHIP   ACT 

the  apprentice,  any  apprentice  agreement  which  meets  the  standards 
established  under  this  act;  to  terminate  or  cancel  any  apprentice 
agreement  in  accordance  with  the  provisions  of  such  agreement;  to 
keep  a  record  of  apprentice  agreements  and  their  disposition ;  to  issue 
certificates  of  journeymanship  upon  the  completion  of  the  apprentice- 
ship ;  and  to  perform  such  other  duties  as  are  necessary  to  carry  out  the 
intent  of  this  act;  provided,  that  the  administration  and  supervision 
of  related  and  supplemental  instruction  for  apprentices,  coordination 
of  instruction  with  job  experiences,  and  the  selection  and  training  of 
teachers  and  coordinators  for  such  instruction  shall  be  the  responsi- 
bility of  State  and  local  boards  responsible  for  vocational  education. 

Sec.  4.  A  local  joint  apprenticeship  committee  shall  be  appointed, 
in  any  trade  or  group  of  trades  in  a  city  or  trade  area,  by  the  appren- 
ticeship council,  whenever  the  apprentice  training  needs  of  such  trade 
or  group  of  trades  justifies  such  establishment. 

When  two  or  more  local  joint  apprenticeship  committees  have  been 
established  in  the  State  for  a  trade  or  group  of  trades,  or  at  the  request 
of  any  trade  or  group  of  trades,  the  apprenticeship  council  may 
appoint  a  State  apprenticeship  committee  for  such  trade  or  group  of 
trades.  Such  local  and  State  joint  apprenticeship  committees  shall 
be  composed  of  an  equal  number  of  employer  and  employee  represent- 
atives chosen  from  names  submitted  by  the  respective  employer  and 
employee  organizations  in  such  trade  or  group  of  trades.  In  a  trade 
or  group  of  trades  in  which  there  is  no  bona  fide  employer  or  employee 
organization,  the  committee  shall  be  appointed  from  persons  known 
to  represent  the  interests  of  employers  and  of  employees  respectively. 

The  function  of  a  local  joint  apprenticeship  committee  shall  be:  To 
cooperate  with  school  authorities  in  regard  to  the  education  of  appren- 
tices; in  accordance  with  standards  established  by  the  apprenticeship 
council  to  establish  local  standards  of  apprenticeship  regarding 
schedule  of  operations,  application  of  wage  rates,  working  conditions 
for  apprentices,  the  number  of  apprentices  which  shall  be  employed 
locally  in  the  trade,  and  to  adjust  apprenticeship  disputes. 

The  functions  of  a  State  trade  apprenticeship  committee  shall  be 
to  assist  in  the  establishment  of  Statewide  standards  of  apprentice- 
ship and  in  the  development  of  local  standards  and  local  committees. 

Sec.  5.  The  term  "apprentice"  shall  mean  a  person  at  least  sixteen 
years  of  age  who  is  covered  by  a  written  agreement  with  an  employer 
and  approved  by  the  State  apprenticeship  council,  which  apprentice 
agreement  provides  for  not  less  than  four  thousand  hours  of  reasonably 
continuous  employment  for  such  person,  for  his  participation  in  an 
approved  schedule  of  work  experience  through  employment  and  for 
at  least  one  hundred  and  forty-four  hours  per  year  of  related  supple- 
mental instruction. 

Sec.  6.  Every  apprentice  agreement  entered  into  under  this  act 
shall  contain: 

(1)  The  names  of  the  contracting  parties. 

(2)  The  date  of  birth  of  the  apprentice. 

(3)  A  statement  of  the  trade,  craft,  or  business  which  the  appren- 
tice is  to  be  taught,  and  the  time  at  which  the  apprenticeship  will 
begin  and  end. 

(4)  A  statement  showing  the  number  of  hours  to  be  spent  by  the 
apprentice  in  work  and  the  number  of  hours  to  be  spent  in  related 


VIRGINIA   APPRENTICESHIP   ACT  7 

and  supplemental  instruction,   which  instruction  shall  be  not  less 
than  one  hundred  and  forty-four  hours  per  year. 

(5)  A  statement  setting  forth  a  schedule  of  the  processes  in  the 
trade  or  industry  division  in  which  the  apprentice  is  to  be  taught  and 
the  approximate  time  to  be  spent  at  each  process. 

(6)  A  statement  of  the  graduated  scale  of  wages  to  be  paid  the 
apprentice  and  whether  the  required  school  time  shall  be  compensated. 

(7)  A  statement  providing  for  a  period  of  probation  of  not  less  than 
five  hundred  hours  of  employment  and  instruction  extending  over  not 
less  than  four  months,  during  winch  time  the  apprentice  agreement 
shall  be  terminated  by  the  council  at  the  request  in  writing  of  either 
party,  and  providing  that  after  such  probationary  period  the  appren- 
tice agreement  may  be  terminated  by  the  council  by  mutual  agree- 
ment of  all  parties  thereto,  or  canceled  by  the  council  for  good  and 
sufficient  reason. 

(8)  A  provision  that  all  controversies  or  differences  concerning  the 
apprentice  agreement  which  cannot  be  adjusted  locally  in  accordance 
with  section  four  shall  be  submitted  to  the  council  for  determination 
as  provided  for  in  section  nine. 

(9)  A  provision  that  an  employer  who  is  unable  to  fulfill  his  obliga- 
tion under  the  apprentice  agreement  may  with  the  approval  of  the 
council  transfer  such  contract  to  any  other  employer,  provided,  that 
the  apprentice  consents  and  that  such  other  employer  agrees  to  assume 
the  obligations  of  said  apprentice  agreement. 

(10)  Such  additional  terms  and  conditions  as  may  be  prescribed  or 
approved  by  the  council  not  inconsistent  with  the  provisions  of  this 
act. 

Sec.  7.  No  apprentice  agreement  under  this  act  shall  be  effective 
imtil  approved  by  the  council.  Every  apprentice  agreement  shall 
be  signed  by  the  employer,  or  by  an  association  of  employers  or  an 
organization  of  employees  as  provided  in  section  eight,  and  by  the 
apprentice,  and  if  the  apprentice  is  a  minor,  by  the  minor's  father; 
Provided,  That  if  the  father  be  dead  or  legally  incapable  of  giving 
consent  or  has  abandoned  his  family  then  by  the  minor's  mother;  if 
both  father  and  mother  be  dead  or  legally  incapable  of  giving  consent, 
then  by  the  guardian  of  the  minor.  Where  a  minor  enters  into  an 
apprentice  agreement  under  this  act  for  a  period  of  training  extending 
into  his  majority,  the  apprentice  agreement  shall  likewise  be  binding 
for  such  a  period  as  may  be  covered  during  the  apprentice's  majority. 

Sec.  8.  For  the  purpose  of  providing  greater  diversity  of  training  or 
continuity  of  employment,  any  apprentice  agreement  made  under 
this  act  may  in  the  discretion  of  the  council  be  signed  by  an  association 
of  employers  or  an  organization  of  employees  instead  of  by  an  indi- 
vidual employer.  In  such  a  case,  the  apprentice  agreement  shall 
expressly  provide  that  the  association  of  employers  or  organization  of 
employees  does  not  assume  the  obligation  of  an  employer  but  agrees  to 
use  its  best  endeavors  to  procure  employment  and  training  for  such 
apprentice  with  one  or  more  employers  who  will  accept  full  responsi- 
bility, as  herein  provided,  for  all  the  terms  and  conditions  of  employ- 
ment and  training  set  forth  in  said  agreement  between  the  apprentice 
and  employer  association  or  employee  organization  during  the  period 
of  each  such  employment.  The  apprentice  agreement  in  such  a  case 
shall  also  expressly  provide  for  the  transfer  of  the  apprentice,  subject 


UNIVERSITY  OF  FLORIDA 


8  Virginia  appre:  3  1262  08860  0241 


to  the  approval  of  the  council,  to  such  employer  or  employers  who 
shall  sign  a  written  agreement  with  the  apprentice,  and  if  the  ap- 
prentice is  a  minor  with  his  parent  or  guardian,  as  specified  in  section 
seven,  contracting  to  employ  said  apprentice  for  the  whole  or  a  definite 
part  of  the  total  period  of  apprenticeship  under  the  terms  and  con- 
ditions of  employment  and  training  set  forth  in  the  said  agreement 
entered  into  between  the  apprentice  and  employer  association  or 
employee  organization. 

Sec.  9.  Upon  the  complaint  of  any  interested  person  or  upon  its 
own  initiative,  the  secretary  of  the  apprenticeship  council  may  investi- 
gate to  determine  if  there  has  been  a  violation  of  the  terms  of  an 
apprentice  agreement,  made  under  this  act,  and  he  may  hold  hearings, 
inquiries,  and  other  proceedings  necessary  to  such  investigations  and 
determination.  The  parties  to  such  agreement  shall  be  given  a  fair 
and  impartial  hearing,  after  reasonable  notice  thereof  in  writing. 

The  determination  of  the  council  shall  be  made  known  in  writing  to 
parties  interested  and  shall  be  filed  with  the  apprenticeship  council. 
If  no  appeal  therefrom  is  filed  with  the  chairman  of  the  council  within 
ten  days  after  the  date  thereof,  as  herein  provided,  such  determination 
shall  become  the  order  of  the  council.  Any  person  aggrieved  by  any 
determination  or  action  of  the  council  may  appeal  to  the  courts.  The 
decision  of  the  council  shall  be  conclusive  if  such  appeal  therefrom 
shall  not  be  filed  within  thirty  days  after  the  date  of  such  order  or 
decision. 

No  person  shall  institute  any  action  for  the  enforcement  of  any 
apprentice  agreement,  or  damages  for  the  breach  of  any  apprentice 
agreement,  made  under  this  act,  unless  he  shall  first  have  exhausted 
all  administrative  remedies  provided  by  this  section. 

Sec.  10.  Nothing  in  this  act  or  in  any  apprentice  agreement  ap- 
proved under  this  act  shall  operate  to  invalidate  any  apprenticeship 
provision  in  any  collective  agreement  between  employers  and  em- 
ployees, setting  up  higher  apprenticeship  standards.  Provided, 
however,  That  none  of  the  terms  or  provisions  of  this  act  shall  apply 
to  any  person,  firm,  corporation,  or  crafts  unless  and  until  such  person, 
firm,  corporation,  or  crafts  voluntarily  elects  that  the  terms  and 
provisions  of  this  act  shall  apply. 

Sec.  11.  If  any  provision  of  this  act,  or  the  application  thereof  to 
any  person  or  circumstances,  is  held  invalid,  the  remainder  of  the  act, 
and  the  application  of  such  provision  to  other  person  and  circum- 
stances, shall  not  be  affected  thereby. 

2.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 


U.  5.  GOVERNMENT  PRINTING  OFFICE:  1938 


